Kerala High Court
Farooq.P.P vs The State Of Kerala on 7 November, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
CRL.MC NO. 5708 OF 2019 1
2024:KER:84064
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
CRL.MC NO. 5708 OF 2019
CRIME NO.1081/2019 OF Valappatanam Police Station, Kannur
AGAINST THE ORDER/JUDGMENT DATED 14.06.2019 IN CC
NO.1177 OF 2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
KANNUR
PETITIONER/S:
FAROOQ.P.P
AGED 60 YEARS
S/O ABDUL KHADER,HIRA HOUSE,THANA.P.O, NEAR
MANIKKAKAVU,KANNUR DISTRICT.
BY ADV SRI.ABDUL RAOOF PALLIPATH
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF
KERALA,ERNAKULAM-682031.
2 THE STATION HOUSE OFFICER,
VALAPATTANAM POLICE STATION, KANNUR-670001.
3 SUDHEESH KUMAR T.K S/O DIVAKARAN
AGED 52 YEARS
KANNICHIKANDI HOUSE,NEAR AW
U.P.SCHOOL,VAYIPARAMBA,AZHIKODE,KANNUR,670009
CRL.MC NO. 5708 OF 2019 2
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OTHER PRESENT:
SRI.SANGEETHARAJ.N.R, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 5708 OF 2019 3
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P.V.KUNHIKRISHNAN, J
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Crl.M.C. No. 5708 of 2019
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Dated this the 7th day of November, 2024
ORDER
The petitioner is the accused in CC No. 1177/2018 on
the file of the Judicial First Class Magistrate Court-II, Kannur.
The petitioner is the 1st accused in the above case. The above
case is charge-sheeted alleging offences punishable under
Secs 447, 341, 294(b), 506 r/w 34 IPC.
2. The prosecution allegation against the
petitioner is that on 05.06.2018 at about 11.30 am, the
accused in furtherance of their common intention trespassed
into the property of CW2 of which, CW1 is a care taker and
wrongfully restrained CW1- Satheesh Kumar and abused him
using filthy language and threatened to kill him and thereby
committed the above offences. Annexure-1 is the FIR.
According to the petitioner, even if the entire allegations are
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accepted, no offence is made out. Hence, the petitioner filed
Annexure-2 petition to drop the proceedings under Sec.258
Cr.P.C. The same was dismissed by the trial court as per
Annexure-3 order. Hence, this Criminal Miscellaneous case is
filed.
3. Heard the learned counsel for the petitioner
and the learned Public Prosecutor.
4. This Court perused Annexure-3 order passed
by the learned Magistrate in a petition filed under Sec. 258
Cr.P.C. Annexure-2 is the petition filed by the petitioner to
drop the proceedings under Sec.258 Cr.P.C. Different
contentions are raised in Annexure-2 for dropping the
proceedings initiated against the petitioner. The offences
alleged are under Secs.341, 447, 294(b), 506(i) r/w 34 IPC.
The learned Magistrate had taken cognizance only under Secs.
341, 447, 506(i) r/w 34 IPC. The court had not taken
cognizance under Sec.294 (b) IPC. The same is mentioned in
Annexure-3 order. Thereafter, the petition is dismissed stating
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that " regarding the other allegation of paucity of evidence
alleged by the petitioner, it cannot be analysed at this stage.
At this stage, only prima facie consideration can be made.
From the material available before the court, the prima facie
case is proved and there are reasonable grounds for
proceeding against the accused. So, this application is not
maintainable and liable to be dismissed." I am of the
considered opinion that this is not a speaking order. The
learned Magistrate has to reconsider the matter based on the
contention raised by the petitioner in Annexure-2. According
to me, a reconsideration by the learned Magistrate is
necessary, in the peculiar facts and circumstances of this case.
Therefore, this Criminal Miscellaneous case is
disposed of with the following directions :
1) Annexure-3 is set aside.
2) The jurisdictional court is directed to reconsider CMP
No. 1081/2019 in CC No. 1177/2018 on the file of the
Judicial First Class Magistrate Court-II, Kannur, after
giving an opportunity of hearing to the petitioner and the
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Prosecutor concerned, as expeditiously as possible, at
any rate, within six weeks from the date of receipt of a
certified copy of this order.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
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PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF THE FIR IN CRIME NO.679/18 OF
VALAPPATTANAM POLICE STATION
ANNEXURE 2 TRUE COPY OF THE PETITION AS CC 1177/2018
FILED BEFORE THE JFCM COURT-II,KANNUR.
ANNEXURE 3 TRUE COPY OF THE ORDER DATED 14.6.2019 OF
THE JFCM COURT-II,KANNUR IN CMP 1081/2019
IN CC 1177/2018.
